May 10
2
Statute of Repose vs. statute of limitations
We’ve all heard the term “statute of limitations” for tossed around n legal contexts from time to time. A statute of limitation is a cut off date. It is a time limit that a tort action can be filed by an injured party after an injury or property damage is sustained. The statute of limitations clock usually begins taking after an injury or damage to a third-party has been discovered which may not be the same date as the incident that caused the injury or damage. Statutes of limitation are by definition statutes of repose but are enforced more liberally than statutes of repose. A statute of limitation can be avoided, annulled, or reset based on mitigating circumstances for the insured.
Statutes of repose in contrast are much stricter in their application. In contrast to statutes of limitation, the statute of repose clock begins taking when a particular action is taken. We will often see statutes of repose commercial product liability cases. The statute of repose clock begins ticking when a product is manufactured and sold to its final customer. If a product liability claim is to be filed against the manufacturer, the alleged injury must occur within stated statute of repose time lines. Statutes of repose time lines differ for each state.
We also see statute of repose legislation in construction law. A property owner has a certain period of time to make a claim for faulty workmanship against a contractor, architect or engineer after the property is completed and the owner has occupied the building.
Statutes of repose are difficult to get around and pose challenges for consumers who may not be aware of their rights to make claims against tortfeasors until it is too late. Check with your state attorney general to obtain information of your state’s statutes of repose and statutes of limitations.
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